Item T01
Memorandum
To: Richard Collins, County Attorney
From: Bob Shillinger, Asst. County Attorney
Date: June 9, 2004
Re: June 2004 CAY litigation report
NEW CASES FILED AGAINST THE COUNTY
None,
CASES CLOSED WITHIN LAST MONTH
Balch, Jeffrev v. Monroe County et al 04-10008-CIV Moore
U.S.D.Ct. S.D.Fla. Judge: Moore/Mag. Sullivan Date Filed: 1/23/04
Mandamus action to issue a building permit and for damages for civil rights
violations against the County, the City of Marathon, DEP, EPA, & an EPA official.
Growth Management
Status: Dismissed without prejudice by Court because Plaintiff failed to file
joint scheduling order.
Next Activity:
Closed.
Time:
14.4
Costs:
14.22
In re: Florida Petroleum Reprocessors Site Davie. FL CER 04-2004-3751
US EPA Admin. Proceeding Judge: TBA Date Filed: TBA
The County avoided being sued by EPA for County's role in generating and
transporting hazardous waste (mostly oil) to a superfund site in Davie, Florida.
Public Works/Solid Waste
Status:
Two payments totaling $17,100.95 sent on 6/1/04.
Next Activity:
Closed.
Time: 11.5
Costs:
None
T.I
Monroe County v. Robert Brown & Marie Drisse.
Circuit Court (16th) Judge: Payne
"Stairway to Heaven" foreclosure.
CA K 03-1036
Date Filed: 9/3/3
Current Status: Closed.
Next Activity:
Closed
Time: 19.7 hours
Costs: $192.70
Provident Bank v. Ricky Allen. Monroe County. et sl CA M 04-121
Circuit Court (16th) Judge: Jones Date Filed: 4/2/04
Foreclosure action against Ricky Allen. The County is named as a defendant
due to a $36,000 SHIP mortgage which is subordinate to Provident Bank's
mortgage.
MC Housing Authority
Status:
Plaintiff voluntarily dismissed complaint on May 18, 2004.
Next Activity: Staff reviewing options to see if any further action needs to
be taken against mortgagor.
Time: 3.1
Costs:
none
GENERAL LITIGATION
Clay. Robert Lee~ John & Li Chiuna Moyant v. Monroe County CA M 04-05
Circuit Court 16t Judge: Jones Date Filed: 01/05/04
Mandamus Petition to release building permits for 2 properties on Big Pine or
alternatively seek damages for inverse condemnation. Mayor served 1/8/04;
amended petition adding two additional owners filed 2/314.
Growth Management.
Status:
Settled.
Next Activity:
Awaiting court approval.
Time: 3.3
Costs:
None
2
D&J Industries v. Monroe County CA P 99-543
Circuit Court 16th Judge Garcia Date Filed: 10/12/99
Cert. review of the BOCC's decision to award contract for roofing contract for the
Marathon Government Annex to another bidder.
Public Works
Status:
Closed. Dismissed for lack of prosecution.
Next Activity:
Hearing on BOCC's Motion for Attorney Fees tba.
Time: $5,160.00 Costs: unknown
Eden, Nathan v. Monroe County & Jim Roberts CA K 04-100
16th Circuit Judge: Payne Date Filed: 1/28/4
Mandamus action to issue building permit to place brick pavers in the setbacks.
Growth Management
Status:
Writ of Mandamus issued after hearing on 2/11/04.
Next Activity: Formal writ being drafted.
Time: 9.0 Costs:
Eleaant Kitchens & Baths, Inc. et al v. MC Contractor's Board CA M 03-312
Circuit Court 16th Judge: Jones Date Filed: 10/30/2003
Appeal from Contractor's Examining Board of a violation for aiding and abetting
an unlicensed contractor.
Growth Management
Status:
Appellant has filed its initial brief.
Next Activity: Draft and file reply brief by 6/18/04.
Time: 1.2 Costs:
3
Evans, Brian v. Monroe County 04-CIV-10033-JLK
U.S.Dist.,S.D.Fla. (Key West) Judge: King Date Filed: 5/6/04
Civil action against the County, and others, arising from actions of Sheriff's office
in publicizing the rescission of a warrant it had obtained for his arrest. CAY
accepted service on 5/13/04
MCSO
Status:
Co-counsel filed motion to dismiss on 6/1/04.
Next Activity:
Await court's ruling.
Time: 3.5
Costs:
0.00
Harris, Steven & Lourdes Spellman v. Monroe County CA P 04-178
Circuit Court (16th) Judge: Garcia Date Filed: 4/14/04
This is a quiet title action involving road abandonment in Key Largo. SOCC had
resolved to abandon Oceana Road in February of 1965 but the process was not
completed. Mayor served on 4/23/04.
Public Works
Status:
Negotiating settlement agreement. Pulled from agenda for 6/16.
Next Activity:
due 7/26/04..
Agenda for 6/16/04; must be set for July meeting; response
Time: 2.7
Costs:
none
Hiaas, Ervin v. Value Adiustment Board of Monroe County CA K 04-430
Circuit Court (16th) Judge: Payne Date Filed: 4/20/04
Action for injunctive relief against the VAS seeking to restore tax roll to just value
and to enjoin VAS from misapplying law in future valuations. Commissioner
Spehar served on 5/11/04 in her capacity as chair of VAS.
VAB
Status:
Answer filed 6/1/04.
Next Activity:
Higgs to answer County's discovery requests by 7/12/04.
Time:
6.5
Costs:
$76.00
4
Hinote Construction v. Monroe County CA P 03-344
Circuit Court (16th) Judge Garcia Date Filed: 6/18/2003
Civil Rights action arising out of a denial by the Planning Commission of a
transfer of commercial square footage to the proposed Walgreen's in Key Largo.
Growth Management.
Current Status:
Settled.
Next Activity:
See Smart PlanninQ & Growth Coalition v. Monroe County
Time: 24.4 hours
Costs: $50.46
McCoy. Kimberl~ & Jack v. Monroe County CA P 04-62
Circuit Court (16 h) Judge: Garcia Date Filed: 2/13/04
Slip and fall injury case on Indian Avenue, Tavernier, a County road.
Public Works
Status:
Discovery process.
Next Activity:
Depositions 8/11/04.
Time: 3.5
Costs:
0.00
Monroe County v. Mark FraleiQh CAP 03-647
Circuit Court (16th) Judge: Garcia Date Filed: 12/8/3
EjectmeAt action against owner of structures located on County right-of-way.
Public Works.
Current Status:
OF filed response to suit; made settlement offer.
Next Activity: Discovery and/or Motions if settlement rejected.
Time: 10.4
Costs: NONE
pap Marina. Inc. v. Monroe County CA K 02-561
Circuit Court (16th) Judge: Payne Date Filed: May 2002
Cert. Petition appeal from denial of rezoning on Geiger Key Marina. This case
had been referred to M&H though that firm took no action because of a conflict.
No notice of said conflict was provided to this office.
Growth Management
Current Status: County filed response on 5/17/04.
Next Activity: Petitioner's Response due 7/2/04.
Time: 15.7 hour Costs:
none to date
5
Smart Plannina & Growth Coalition v. Monroe County CA P 04-8
Circuit Court 16th Judge: Garcia Date Filed: 1/13/04
Certiorari Petition and Declaratory Judgment act alleging that County's
settlement with Hinote Construction, Inc. is inconsistent with the comprehensive
plan. Mayor served 1/23/04.
Growth Management
Status: Court stayed action, depending on outcome of Third DCA decision
in companion case; issue moot in light of Third DCA ruling.
Next Activity: SPGC moved for rehearing.
Time: 8.5 Costs:
Smart Plannina & Growth Coalition v. Monroe County CA P 04-36
Circuit Court 16th/3d DCA Judge: Garcia Date Filed: 2/2/04
Mandamus Petition seeking Court order GM Director McGarry to revoke building
permit issued to Hinote Construction as part of settlement of Hinote v. Monroe
County. Co-Respondents Hinote Construction and G & G Constructors.
Growth Management
Status:
County prevailed on appeal; see below.
Next Activity: None at this level.
Time: 1.9 Costs:
Smart Plannina & Growth Coalition v. Monroe County 3D 04-552
Third DCA Judges: Levy, Ramirez & Wells Date Filed: 3/9/04
Emergency certiorari petition appealing Judge Garcia's denial of mandamus
petition that sought to immediately halt construction of the Key Largo Walgreen's.
Growth Management
Status:
Third DCA denied SPGC appeal within days of SPGC's reply brief.
Next Activity:
SPGC has 30 days to seek review in Supreme Court.
Time: 15.0 + 6.0 law clerk Costs: $14.22
6
In re: John B. Summers 04-12544-BKC-RAM
Bankruptcy, So.Fla.Dist. Judge: Robert Mark Date Filed: 3/25/04
Bankruptcy petition by SHIP loan mortgagor. County's interest is $8,972.00.
Housing Authority
Status:
CAY staff reviewing pleadings and file.
Next Activity:
6/28/04 deadline to challenge discharge.
Time: 1.2 hours
Costs:
0.00
POTENTIAL CASES THAT HAVE NOT BEEN FILED
Lloyd Good v. Monroe County CA K 04 _____
Circuit Court (16th) Judge: Date Filed:
On 11/24/03, the County was served with notice of a claim under the Bert J.
Harris Act regarding two parcels of property owned by Lloyd Good.
Growth Management.
Current Status:
Statutory Notice provided to Dept. of Legal Affairs on 12/9/3.
Next Activity:
Deadline for responding extended to July 21,2004.
Time: 2.1 hours
Costs:
$5.56
Monroe.County v. Ana M. Martinez CA K 03 - TBA
Circuit Court (16th or 11th) (no judge assigned yet)
Action to foreclose or seek declaration of rights on lien against Cuban biplane.
KW Airport
Current Status:
County reimbursed for security costs through other means.
Next Activity: Martinez is drafting lien release/indemnification agreement.
Time: 16.5 hours Costs: $200.00
Monroe County v. Estate of Roland Fish CP K 04 TBA
Circuit Court (16th) Judge:
Action against estate to collect $900.00 for pauper funeral expenses.
Social Services
Current Status: Presuit investigation and cost benefit analysis.
Next Activity: Seek BOCC approval if appropriate to go forward.
Time: .7 hours
Costs: 0.00
7
Monroe County v. Florida Detroit Diesel SC K 04 TBA
County Court (Sm. Claims) Judge:
Collection action seeking reimbursement for $4,905.00 in clean up costs
associated with improperly installed machinery.
Fleet management/Risk Management
Current Status: Presuit investigation.
Next Activity: Seek BOCC approval if appropriate to go forward.
Time: 2.1 Costs: 0.00
State of Florida v. Monroe County TBA
Circuit Court (TBA) Judge: Date Filed:
Threatened litigation against the County by the AG's Medicaid Fraud unit.
Public Safety
Status:
AG's office reviewing file.
Next Activity: Await AAG supervisor's review of file.
Time: 4.1 Costs:
ARTICLE V APPEALS
Monroe County Bail Bonds v. State ex reI. Monroe County CF K 03-765
Circuit Court (16th) Judge: Date Filed: 817/03
This is an appeal of a County Court decision to deny a bail bondsman's motion to
set aside a bond forfeiture. Bond amount is $2500.00. Lower Court case is
styled State v. James Thomas Hastings, 2003 MM 1845 K.
Current Status: Court dismissed appeal on 6/3/04.
Next Activity: After decision becomes final in 30 days, proceed to
judgment in County Court case.
Time: .7 hour
Costs: none to date
8
Monroe County Bail Bonds v. State ex reI. Monroe County CF K 03-754
Circuit Court (16th) Judge: Date Filed: 817/03
This is an appeal of a County Court decision to deny a bail bondsman's motion to
set aside a bond forfeiture. Bond amount is $10,000.00. Lower Court case is
styled State v. David Paul Saunders, 2002 MM 2083 K.
Current Status: Court dismissed appeal on 6/2/04.
Next Activity: After decision becomes final in 30 days, proceed to
judgment in County Court case.
Time: 1.2 hour
Costs: none to date
CODE ENFORCEMENT APPEALS
Decker. Harry v. Monroe County
Circuit Court 16th Judge Payne
This is an appeal of a code enforcement OSTDS case.
CA K 01-1252
Date Filed: 10/5/01
Current Status: County's brief filed on May 5, 2004.
Next Activity: Await Reply brief and/or Court's decision.
Time: 16.8hours Costs: none
Eads. Barbara v. Monroe County CAP 03-117
Circuit Court 16th Judge Garcia Date Filed: 2/27/03
This is a code enforcement appeal of the special master's order finding the Lowe
House to be in unsafe condition and setting forth a compliance schedule.
Status: Code Enforcement appeal abated until Third DCA rules on appeal
of certiorari case.
Next Activity: Await Third DCA's ruling.
Time: 3.5 hours Costs: none
9
Fuchs, Walburaa v. Monroe County
Circuit Court (16th) Judge Vernon
This is a code enforcement appeal of an OSTDS case.
CA K 01-1251
Date Filed: 10/5/01
Current Status: The County's Answer brief has been drafted and is currently
being revised. The Appellant has consented to an extension.
Next Activity:
File brief.
Time: .8 hours
Costs: none
Stevenson, MK v. Monroe County CA K 02-257
Circuit Court 16th Judge Payne Filed: 2/26/02
Appeal of a finding that Caribbean Village storage sign was an off premises sign.
Current Status: Judge Payne affirmed Special Master's ruling (County
prevailed) in all but one minor aspect.
Next Activity: Either side has until 6/21/04 to appeal Judge Payne's decision.
Time: 30.4 hours Costs: none
10
CODE ENFORCEMENT FORECLOSURES/COLLECTIONS
Monroe County v. Mario Alfonso CA K 03.1458
Circuit Court (16th) Judge: (none yet) Date Filed: 12/08/03
Code enforcement foreclosure action authorized by the BOCC on 6/18/03.
Fine fixed at $91,450.00.
Current Status: Court holding order on motion for default in abeyance due to
suggestion of bankruptcy.
Next Activity: Await Court's ruling on County's motion for default judgment.
Time: 7.0 hour
Costs: $111.00
Monroe County v. Patricia Cambo CA K 04 578
Circuit Court (16th) Judge: Payne Date Filed: 5/27/04
Code enforcement foreclosure action that was authorized by the BOCC 12/17/3.
Fine was $18,600.00 as of 12/17/03 and accruing at $150 per day. Four
defendants: M/M Joel Rogers, current owners; Patricia M. Cambo, violator/former
owner; TIB Bank of the Keys, mortgage holder for M/M Rogers.
Current Status: Suit filed.
Next Activity: Served all 4 defendants.
Time: 6.1 hour
Costs: $0.00
Monroe County v. Marcos Caso CA K 04
Circuit Court (16th) Judge: Date Filed:
Code enforcement lien foreclosure action authorized by BOCC on 4/21/04. Fine
was $18,200.00 on that date and accruing at $100.00 per day.
Current Status: Owner working towards compliance.
Next Activity: Tickled for 6/1/4 for status on compliance.
Time: .6 hours
Costs: $0.00
11
Monroe County v. Dirk Damrau CA K 03 (TBA)
Circuit Court (16th) Judge: (none yet) Date Filed:
Code enforcement foreclosure action authorized by the sacc 6/18/03. Fine was
$169,900.00 as of 7/18/03 and accruing at $200.00 per day.
Current Status: Compliance achieved.
Next Activity: Negotiate settlement.
Time: 1.6 hour
Costs: none to date
Monroe County v. William L. Davis CA P 04-181
Circuit Court (16th) Judge: Garcia Date Filed: 4/15/04
Action to collect $29,500.00 code enforcement fine from former owner of property
who fraudulently sold property to innocent owner. OF in Federal prison.
Current Status: Suit filed.
Next Activity: Serve Defendant @ FCI Miami.
Time: 2.9 hour
Costs:
$21.00
Monroe County v. Daniel & Sylvia Fuller CA P 03 (TBA)
Circuit Court (16th) Judge: (none yet) Date Filed:
Code enforcement foreclosure action that was authorized by the sacc 6/18/03.
Lien fixed at $86,350.00. Property brought into compliance after 115 days.
Current Status: Settlement offer on sacc agenda for 6/16/04.
Next Activity: File Suit if offer rejected.
Time: 3.1 hour
Costs: none to date
Monroe County v. Dan Gleason SC P 03 - 165
Count Court (16th) Judge: ptomey Date Filed: 8/5/03
Small claims action for a money judgment to collect $520.00 in unpaid code
enforcement fines and costs authorized by the sacc in April of 2003.
Current Status: Default Judgment entered on 9/11/03 for $1335.92
Next Activity: Register final judgment with Dept. of State & begin enforcement
proceedings.
Time: 9.2 hours
Costs: $65.92
12
Monroe County v. Jack Haaopian. CA P 03-529
Circuit Court (16th) Judge: GARCIA Date Filed: 10/1/03
Code enforcement collection action authorized by SOCC on 8/20/03. Fine was
$203,100.00 as of 9/30/03 and accruing at $250.00 per day.
Current Status: County filed Motion for Summary Judgment on 2/12/04.
Next Activity: Motion for summary judgment hearing 7/14/04.
Time: 8.6
Costs:
$20.00.
Monroe County v. Dorothy Houah CA P 03 (TBA)
Circuit Court (16th) Judge: Date Filed:
Code enforcement collection action authorized by SOCC on 9/17/03. As of
9/25/3 lien valued at $25,050.00 and accruing at $50.00 per day.
Current Status: Owner's A TF permit waiting to be issued.
Next Activity: Title search ordered 2/6/4. Status check 4/1/4.
Time: 1.0
Costs:
none
Monroe County v. James JeanQuenat CA P 04 ____________
Circuit Court (16th) Judge: Date Filed:
Code Enforcement collection action authorized by SOCC on 4/21/04. As of that
date, the fine was $136,100.00 and accruing at $500.00 per day.
Current Status: Demand letter sent on 4/21/04.
Next Activity: Title search if demand letter produces no results.
Time: .6
Costs:
none
Monroe County v. Chris Johnson CA K 03-1173
Circuit Court (16th) Judge: Payne Date Filed: 10n/03
Code enforcement foreclosure action that was authorized by the SOCC 7/15/03.
$12,000.00 per day since 2/21/03.
Current Status: County owns property; deficiency judgment in the amount of
$3,828,514.80.
Next Activity: 6/24/04, file judgment in Tallahassee; clean up property.
Time: 16.3 hours
Costs: $389.00
13
Monroe County v. Key Larao Ocean Resorts CooP, Inc. CA P 96-260
Circuit Court (16th) Judge Garcia Date Filed: 5/20/96
This is an action to foreclose a code enforcement lien.
Current Status: Complete development agreement application submitted
5/12/04.
Next Activity: Status report due 7/1/04.
Time: 36.5 hours
Costs: $340.00
Monroe County v. Pedro Liz (Bakery) CA K 03 (TBA)
Circuit Court (16th) Judge: Date Filed:
Code enforcement collection action authorized by SOCC on 7/17/03 when fine
was $119,900.00 and accruing at $200.00 per day.
Current Status: Owner working towards compliance.
Next Activity: Title search, then file suit if collection efforts unsuccessful.
Time: 1.0
Costs:
none
Monroe County v. Pedro Liz (Trailer) CA K 03 (TBA)
Circuit Court (16th) Judge: Date Filed:
Code enforcement collection action authorized by SOCC on 9/17/03. As of
9/25/3 lien valued at $133,300.00 & accruing at $200 per day.
Current Status: Owner working towards compliance.
Next Activity: Title search, then file suit if collection efforts unsuccessful.
Time: .5
Costs:
none
Monroe County v. Lily Marks (2 cases) CA K 03-1152
Circuit Court (16th) Judge: Payne Date Filed: 10/2/3
Two code enforcement collection actions authorized by SOCC on 8/20/03 and
12/27/03. As of 5/26/04, fines totaled $537,950.00 and accruing at $750/day.
Current Status: Amending complaint incorporate second case.
Next Activity: Hearing on motion to amend 7/6/04.
Time: 2.9
Costs:
$20.00
14
Monroe County v. Arthur Mehr
Circuit Court (16th) Judge: (none yet) Date Filed:
Code enforcement foreclosure action that was authorized by the SOCC 6/18/03.
Fine had reached $28,380 on 7/18/03 and continues to accrue at $20 per day.
(TBA)
Current Status:
Owner just received permits needed to achieve compliance.
Next Activity:
Status review 6/1/4.
Time: 2.1 hour
Costs: $150.00
Monroe County v. Safe Harbor Marine Railway Corp.
Circuit Court (16th) Judge: (none yet) Date Filed:
Code enforcement foreclosure action that was authorized by the SOCC 6/18/03.
As of 1/1/4, lien totaled $106,700.00.
CA K 03 (TBA)
Current Status: Title search pending.
Next Activity:
File suit.
Time: 1.5 hour
Costs: none to date
Monroe County v. Joseph Sutton CA K 03 (TBA)
Circuit Court (16th) Judge: (none yet) Date Filed:
Code enforcement foreclosure action that was authorized by the SOCC 6/18/03.
Fine was approximately $18,000.00 when compliance achieved.
Current Status: Property in compliance. Negotiating with owner.
Next Activity:
Title search pending. File suit.
Time: 1.5 hour
Costs: none
Monroe County v. Gertrude Waters
Circuit Court (16th) Judge:
Code enforcement collection action
9/25/3 lien valued at $79,300.00.
CA M 03 (TBA)
Date Filed:
authorized by SOCC on 9/17/03. As of
Current Status:
Negotiating w/ counsel who claims property in compliance.
Next Activity:
Review compliance proof. File suit.
Time: 1.9 Costs:
$100.00
15
Monroe County v. Darrell Wolfe CA P 04 (TBA
Circuit Court (16th) Judge: Date Filed:
Code enforcement collection action authorized by SOCC on 11/19/03.
Current Status: Amended settlement agreement adopted by SOCC on
4/21/04.
Next Activity: Release lien.
Time: 2.5 Costs: $200.00
16
MEMORANDUM
TO:
Richard Collins 1/\ V
Suzanne A. Hutton ~
FROM:
DATE:
June 9, 2004
SUBJECT:
Recap of services provided May 2004
Cont / Lease / Ltrsto State/
Department Amend Amend Res Ord Memos FedA.2encies RFP Mt2s Deed
BOCC
CEB
Clerk of Court
Community Svcs, I
Constr Mgmt. 7 3
Employee Benefits I
Emergency Mgmt. I
Employee Benefits
Facilities Maint 3
Fleet Mgmt.
Growth Mgmt.
Housing
Land Authority
Marine Resources I
Municipalities
OMB 2 49
Parks & Rec.
Purchasing I
Risk Mgmt I
Social Services 2
Solid Waste I 1
TOe 6 3 I
Tech Svcs 4
TOTALS 22 49 10 3 4
MAY
T. J